Bringing a claim against a director
Written by Michael Coyle on 26 April 2016« Return to Reading Room
The most up to date summary of the law in relation to joint tortfeasance is to be found in the judgment of the Supreme Court in the Sea Shepherd case where the Judge said .....in order to fix an alleged joint tortfeasor with liability, it must be shown both that he actively co-operated to bring about the act of the primary tortfeasor and also that he intended that his co-operation would help to bring about that act (the act found to be tortious."
So where the Defendant is both the sole director and sole shareholder of the company defendant, its always a good idea to join this person in the claim. You will need to establish that all the acts done by the Company defendant were done at the instigation of the director alone.
It would then be on the individal director to establish that the acts were not initiated and controlled by him....was there someone else who was committng the acts?
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